23 U.S.C. § 401 — Authority of the Secretary

Page 374 TITLE 23—HIGHWAYS § 401 this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives a report on the implementation of the program under this section. (l) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026. (2) AVAILABILITY.—Amounts made available under this section shall remain available for a period of 3 years after the last day of the fiscal year for which the funds are authorized. (Added Pub. L. 117–58, div. A, title I, § 11528(a), Nov. 15, 2021, 135 Stat. 610.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amend- ment note under section 101 of this title. CHAPTER 4—HIGHWAY SAFETY Sec. 401. Authority of the Secretary. 402. Highway safety programs. 403. Highway safety research and development. 404. High-visibility enforcement program. 405. National priority safety programs. 406. General requirements for Federal assistance. 407. Discovery and admission as evidence of cer- tain reports and surveys. 408. Agency accountability. [409. Renumbered.] [410, 411. Repealed.] [412. Renumbered.] Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, div. B, title IV, § 24101(d)(2), Nov. 15, 2021, 135 Stat. 785, which directed amendment of this analysis by striking out items 406 to 412 and adding new items 406 to 408, was executed by adding new items 406 to 408 and striking out items 409 ‘‘Discovery and admis- sion as evidence of certain reports and surveys’’ and 412 ‘‘Agency accountability’’ to reflect the probable intent of Congress, as items 406 to 408, 410, and 411 had already been struck out by Pub. L. 112–141. See 2012 Amendment note below. 2015—Pub. L. 114–94, div. A, title IV, § 4004(b), Dec. 4, 2015, 129 Stat. 1501, substituted ‘‘High-visibility enforce- ment program’’ for ‘‘National Highway Safety Advisory Committee’’ in item 404. 2012—Pub. L. 112–141, div. C, title I, §§ 31105(b), 31109(b)–(f), July 6, 2012, 126 Stat. 755–757, substituted ‘‘National priority safety programs’’ for ‘‘Occupant protection incentive grants’’ in item 405 and struck out items 406 ‘‘Safety belt performance grants’’, 407 ‘‘Inno- vative project grants’’, 408 ‘‘State traffic safety infor- mation system improvements’’, 410 ‘‘Alcohol-impaired driving countermeasures’’, and 411 ‘‘State highway safety data improvements’’. 2005—Pub. L. 109–59, title II, §§ 2005(b), 2006(b), 2008(b), Aug. 10, 2005, 119 Stat. 1527, 1529, 1535, substituted ‘‘Safety belt performance grants’’ for ‘‘School bus driv- er training’’ in item 406 and ‘‘State traffic safety infor- mation system improvements’’ for ‘‘Alcohol traffic safety programs’’ in item 408 and added item 412. 1998—Pub. L. 105–178, title II, §§ 2003(a)(2), 2005(b), June 9, 1998, 112 Stat. 327, 334, substituted ‘‘Occupant protection incentive grants’’ for ‘‘Repealed’’ in item 405 and added item 411. 1991—Pub. L. 102–240, title I, § 1035(b), title II, § 2004(c), Dec. 18, 1991, 105 Stat. 1978, 2079, substituted ‘‘Discovery and admission’’ for ‘‘Admission’’ in item 409 and ‘‘Alco- hol-impaired driving countermeasures’’ for ‘‘Drunk driving prevention programs’’ in item 410. 1988—Pub. L. 100–690, title IX, § 9002(b), Nov. 18, 1988, 102 Stat. 4525, added item 410. 1987—Pub. L. 100–17, title I, § 132(b), Apr. 2, 1987, 101 Stat. 170, added item 409. 1982—Pub. L. 97–364, title I, § 101(b), Oct. 25, 1982, 96 Stat. 1740, added item 408. 1978—Pub. L. 95–599, title II, § 208(b), Nov. 6, 1978, 92 Stat. 2732, added item 407. 1976—Pub. L. 94–280, title I, § 135(d), May 5, 1976, 90 Stat. 442, substituted item 405 ‘‘Repealed’’ for ‘‘Federal- aid safer roads demonstration program’’. 1975—Pub. L. 93–643, § 126(b), Jan. 4, 1975, 88 Stat. 2291, added item 406. 1973—Pub. L. 93–87, title II, § 230(b), Aug. 13, 1973, 87 Stat. 294, added item 405. § 401. Authority of the Secretary The Secretary is authorized and directed to assist and cooperate with other Federal depart- ments and agencies, State and local govern- ments, private industry, and other interested parties, to increase highway safety. For the pur- poses of this chapter, the term ‘‘State’’ means any one of the fifty States, the District of Co- lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 731; amended Pub. L. 93–87, title II, § 218, Aug. 13, 1973, 87 Stat. 290; Pub. L. 98–363, § 3(b), July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title I, § 133(b)(19), Apr. 2, 1987, 101 Stat. 172.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–17 inserted reference in second sen- tence to Commonwealth of the Northern Mariana Is- lands. 1984—Pub. L. 98–363 struck out ‘‘, except that all ex- penditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated’’ after ‘‘and American Samoa’’. 1973—Pub. L. 93–87 inserted definition of ‘‘State’’ and provided that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–363, § 3(c), July 17, 1984, 98 Stat. 436, pro- vided that: ‘‘The amendments made by subsections (a) and (b) [amending this section and section 402 of this title] shall apply to fiscal years beginning after the date of enactment of this Act [July 17, 1984].’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–240, title II, § 2001, Dec. 18, 1991, 105 Stat. 2070, provided that: ‘‘This part [part A (§§ 2001–2009) of title II of Pub. L. 102–240, amending sections 402, 403, and 410 of this title, enacting provisions set out as notes under sections 402, 403, and 410 of this title, and amending provisions set out below] may be cited as the ‘Highway Safety Act of 1991’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–690, title IX, § 9001, Nov. 18, 1988, 102 Stat. 4521, provided that: ‘‘This subtitle [subtitle A (§§ 9001 to Page 375 TITLE 23—HIGHWAYS § 401 9005) of title IX of Pub. L. 100–690, enacting section 410 of this title and provisions set out as notes under sec- tions 403 and 410 of this title] may be cited as the ‘Drunk Driving Prevention Act of 1988’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–17, title II, § 201, Apr. 2, 1987, 101 Stat. 218, provided that: ‘‘This title [amending sections 402 and 408 of this title and section 2314 of former Title 49, Transportation, enacting provisions set out as notes under this section, section 402 of this title, and section 2204 of former Title 49, and amending provisions set out as a note under this section] be cited as the ‘Highway Safety Act of 1987’.’’ SHORT TITLE OF 1983 AMENDMENT Pub. L. 97–424, title II, § 201, Jan. 6, 1983, 96 Stat. 2137, provided that: ‘‘This title [amending section 402 of this title and enacting provisions set out as notes under this section and sections 130, 154, and 408 of this title] may be cited as the ‘Highway Safety Act of 1982’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–599, title II, § 201, Nov. 6, 1978, 92 Stat. 2727, provided that: ‘‘This title [enacting section 407 of this title, amending sections 154 and 402 of this title, and enacting provisions set out as notes under this section and sections 130, 307, 402, and 403 of this title] may be cited as the ‘Highway Safety Act of 1978’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–280, title II, § 201, May 5, 1976, 90 Stat. 451, provided that: ‘‘That title [amending sections 104, 151, 402, 404, and 406 of this title and provisions set out as a note under section 130 of this title and enacting pro- visions set out as notes under sections 127 and 402 of this title] may be cited as the ‘Highway Safety Act of 1976’.’’ SHORT TITLE OF 1973 AMENDMENT Pub. L. 93–87, title II, § 201, Aug. 13, 1973, 87 Stat. 282, provided that: ‘‘This title [enacting sections 151 to 153 and 405 of this title, amending this section and sections 104 and 402 to 404 of this title, and enacting provisions set out as notes under this section and sections 130, 144, 151, 217, and 403 of this title] may be cited as the ‘High- way Safety Act of 1973’.’’ SHORT TITLE OF 1970 AMENDMENT Pub. L. 91–605, title II, § 201, Dec. 31, 1970, 84 Stat. 1739, provided that: ‘‘This title [enacting sections 144 and 322 of this title, amending provisions set out as notes under this section and section 402 of this title, and en- acting provisions set out as notes under this section and section 402 of this title] may be cited as the ‘High- way Safety Act of 1970’.’’ SHORT TITLE Pub. L. 89–564, title II, § 208, Sept. 9, 1966, 80 Stat. 737, provided that: ‘‘This Act [enacting this chapter, amending sections 105 and 307 of this title, repealing sections 135 and 313 of this title, and enacting provi- sions set out as notes under this section and sections 303, 307, 402, and 403 of this title] may be cited as the ‘Highway Safety Act of 1966’.’’ TRANSPORTATION MANAGEMENT PLANS Pub. L. 117–58, div. A, title I, § 11303, Nov. 15, 2021, 135 Stat. 530, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall amend section 630.1010(c) of title 23, Code of Fed- eral Regulations, to ensure that only a project de- scribed in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a sig- nificant project for purposes of that section. ‘‘(b) NON-INTERSTATE PROJECTS.—Notwithstanding any other provision of law, a State shall not be re- quired to develop or implement a transportation man- agement plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regula- tions)) for a highway project not on the Interstate Sys- tem if the project requires not more than 3 consecutive days of lane closures.’’ HIGHWAY SAFETY GRANTS EMERGENCY AUTHORITY Pub. L. 116–260, div. N, title IV, § 442, Dec. 27, 2020, 134 Stat. 2069, provided that: ‘‘Notwithstanding any other provision of law, in fiscal year 2021, the Secretary of Transportation may exercise the authority provided by section 22005 of division B of the CARES Act (23 U.S.C. 401 note [set out below]; Public Law 116–136).’’ Pub. L. 116–136, div. B, title XII, § 22005, Mar. 27, 2020, 134 Stat. 613, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation (referred to in this section as the ‘Secretary’) may waive or postpone any requirement under section 402, 404, 405, or 412 of title 23, United States Code, section 4001 of the FAST Act (Public Law 114–94; 129 Stat. 1497) [23 U.S.C. 401 note, 402 note], or part 1300 of title 23, Code of Federal Regulations (or successor regulations), if the Secretary determines that— ‘‘(1) the Coronavirus Disease 2019 (COVID–19) is hav- ing a substantial impact on— ‘‘(A) the ability of States to implement or carry out any grant, campaign, or program under those provisions; or ‘‘(B) the ability of the Secretary to carry out any responsibility of the Secretary with respect to a grant, campaign, or program under those provi- sions; or ‘‘(2) the requirements of those provisions are having a substantial impact on the ability of States or the Secretary to address the Coronavirus Disease 2019 (COVID–19). ‘‘(b) REPORT.—The Secretary shall periodically sub- mit to the relevant committees of Congress a report de- scribing— ‘‘(1) each determination made by the Secretary under subsection (a); and ‘‘(2) each waiver or postponement of a requirement under that subsection. ‘‘(c) EMERGENCY REQUIREMENT.—The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].’’ WILDLIFE VEHICLE COLLISION REDUCTION STUDY Pub. L. 109–59, title I, § 1119(n), Aug. 10, 2005, 119 Stat. 1190, provided that: ‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall conduct a study of methods to reduce collisions between motor vehicles and wildlife (in this subsection referred to as ‘wildlife vehicle collisions’). ‘‘(2) CONTENTS.— ‘‘(A) AREAS OF STUDY.—The study shall include an assessment of the causes and impacts of wildlife vehi- cle collisions and solutions and best practices for re- ducing such collisions. ‘‘(B) METHODS FOR CONDUCTING THE STUDY.—In car- rying out the study, the Secretary shall— ‘‘(i) conduct a thorough literature review; and ‘‘(ii) survey current practices of the Department of Transportation. ‘‘(3) CONSULTATION.—In carrying out the study, the Secretary shall consult with appropriate experts in the field of wildlife vehicle collisions. ‘‘(4) REPORT.— ‘‘(A) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Sec- retary shall submit to Congress a report on the re- sults of the study. ‘‘(B) CONTENTS.—The report shall include a descrip- tion of each of the following: ‘‘(i) Causes of wildlife vehicle collisions. ‘‘(ii) Impacts of wildlife vehicle collisions. ‘‘(iii) Solutions to and prevention of wildlife vehi- cle collisions. Page 376 TITLE 23—HIGHWAYS § 401 ‘‘(5) MANUAL.— ‘‘(A) DEVELOPMENT.—Based upon the results of the study, the Secretary shall develop a best practices manual to support State efforts to reduce wildlife ve- hicle collisions. ‘‘(B) AVAILABILITY.—The manual shall be made available to States not later than 1 year after the date of transmission of the report under paragraph (4). ‘‘(C) CONTENTS.—The manual shall include, at a minimum, the following: ‘‘(i) A list of best practices addressing wildlife ve- hicle collisions. ‘‘(ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions. ‘‘(iii) Recommendations for addressing wildlife vehicle collisions. ‘‘(iv) Guidance for developing a State action plan to address wildlife vehicle collisions. ‘‘(6) TRAINING.—Based upon the manual developed under paragraph (5), the Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals.’’ WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC Pub. L. 109–59, title I, § 1402, Aug. 10, 2005, 119 Stat. 1227, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Aug. 10, 2005], the Sec- retary [of Transportation] shall issue regulations to de- crease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway (as defined in section 101 of title 23, United States Code) to wear high visibility gar- ments. The regulations may also require such other worker-safety measures for workers with those duties as the Secretary determines to be appropriate.’’ ROADWAY SAFETY IMPROVEMENTS FOR OLDER DRIVERS AND PEDESTRIANS Pub. L. 109–59, title I, § 1405, Aug. 10, 2005, 119 Stat. 1230, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall carry out a program to improve traffic signs and pavement markings in all States (as such term is de- fined in section 101 of title 23, United States Code) in a manner consistent with the recommendations in- cluded in the publication of the Federal Highway Ad- ministration entitled ‘Guidelines and Recommenda- tions to Accommodate Older Drivers and Pedestrians (FHWA–RD–01–103)’ and dated October 2001. ‘‘(b) FEDERAL SHARE.—The Federal share of the cost of a project carried out under this section shall be de- termined in accordance with section 120 of title 23, United States Code. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated such sums as may be nec- essary to carry out this section for each of fiscal years 2005 through 2009.’’ WORK ZONE AND GUARD RAIL SAFETY TRAINING Pub. L. 109–59, title I, § 1409(a)–(c), Aug. 10, 2005, 119 Stat. 1232, as amended by Pub. L. 114–94, div. A, title I, § 1417(a)(2), Dec. 4, 2015, 129 Stat. 1423, provided that: ‘‘(a) IN GENERAL.—The Secretary [of Transportation] shall establish and implement a work zone safety grant program under which the Secretary may make grants to nonprofit organizations and not-for-profit organiza- tions to provide training to prevent or reduce highway work zone injuries and fatalities. ‘‘(b) ELIGIBLE ACTIVITIES.—Grants may be made under the program for the following purposes: ‘‘(1) Training for construction craft workers on the prevention of injuries and fatalities in highway and road construction. ‘‘(2) Development of guidelines for the prevention of highway work zone injuries and fatalities. ‘‘(3) Training for State and local government trans- portation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities. ‘‘(4) Development, updating, and delivery of train- ing courses on guard rail installation, maintenance, and inspection. ‘‘(c) FUNDING.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $5,000,000 for each of fiscal years 2006 through 2009. ‘‘(2) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable.’’ PROHIBITION ON OTHER USES Pub. L. 117–58, div. B, title IV, § 24101(b), Nov. 15, 2021, 135 Stat. 784, provided that: ‘‘Except as otherwise pro- vided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) [of section 24101 of Pub. L. 117–58, 135 Stat. 784] or any other provision of law from the High- way Trust Fund (other than the Mass Transit Account) for a program under those chapters— ‘‘(1) shall only be used to carry out that program; and ‘‘(2) may not be used by a State or local govern- ment for construction purposes.’’ Similar provisions were contained in the following prior acts: Pub. L. 114–94, div. A, title IV, § 4001(b), Dec. 4, 2015, 129 Stat. 1498. Pub. L. 112–141, div. C, title I, § 31101(b), July 6, 2012, 126 Stat. 733. Pub. L. 109–59, title II, § 2001(b), Aug. 10, 2005, 119 Stat. 1520. USE OF UNIFORMED POLICE OFFICERS ON FEDERAL-AID HIGHWAY CONSTRUCTION PROJECTS Pub. L. 105–178, title I, § 1213(c), June 9, 1998, 112 Stat. 200, provided that the Secretary, in consultation with the States, State transportation departments, and law enforcement organizations, would conduct a study on the extent and effectiveness of use by States of uni- formed police officers on Federal-aid highway construc- tion projects, and would submit to Congress, not later than 2 years after June 9, 1998, a report on the results of the study, including any legislative and administra- tive recommendations. RADIO AND MICROWAVE TECHNOLOGY FOR MOTOR VEHICLE SAFETY WARNING SYSTEM Pub. L. 104–59, title III, § 358(c), Nov. 28, 1995, 109 Stat. 625, provided that: ‘‘(1) STUDY.—The Secretary, in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration, shall conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warn- ing system in furtherance of safety in all types of motor vehicles. ‘‘(2) EQUIPMENT.—Equipment developed under the study shall be directed toward, but not limited to, ad- vance warning to operators of all types of motor vehi- cles of— ‘‘(A) temporary obstructions in a highway; ‘‘(B) poor visibility and highway surface conditions caused by adverse weather; and ‘‘(C) movement of emergency vehicles. ‘‘(3) SAFETY APPLICATIONS.—In conducting the study, the Secretary shall determine whether the technology described in this subsection has other appropriate safe- ty applications.’’ WORK ZONE SAFETY PROGRAM Pub. L. 117–58, div. A, title I, § 11302, Nov. 15, 2021, 135 Stat. 530, provided that: ‘‘The Secretary [of Transpor- tation] shall amend section 630.1008(e) of title 23, Code Page 377 TITLE 23—HIGHWAYS § 401 of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years.’’ Pub. L. 109–59, title I, § 1410, Aug. 10, 2005, 119 Stat. 1233, provided that: ‘‘(a) GRANTS.—The Secretary [of Transportation] shall make grants for fiscal years 2006 through 2009 to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse, authorized by section 358(b)(2) of Public Law 104–59 [set out below], created for the purpose of assembling and disseminating, by electronic and other means, informa- tion relating to improvement of roadway work zone safety. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000 for each of fiscal years 2006 through 2009. ‘‘(c) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 100 percent, and such funds shall remain available until expended and shall not be transferable.’’ Pub. L. 104–59, title III, § 358(b), Nov. 28, 1995, 109 Stat. 625, provided that: ‘‘In carrying out the work zone safe- ty program under section 1051 of the Intermodal Sur- face Transportation Efficiency Act of 1991 [Pub. L. 102–240] (23 U.S.C. 401 note; 105 Stat. 2001), the Secretary shall utilize a variety of methods to increase safety at highway construction sites, including each of the fol- lowing: ‘‘(1) Conducting conferences to explore new tech- niques and stimulate dialogue for improving work zone safety. ‘‘(2) Establishing a national clearinghouse to as- semble and disseminate, by electronic and other means, information relating to the improvement of work zone safety. ‘‘(3) Conducting a national promotional campaign in cooperation with the States to provide timely, site-specific information to motorists when construc- tion workers are actually present. ‘‘(4) Encouraging the use of enforceable speed limits in work zones. ‘‘(5) Developing training programs for work site de- signers and construction workers to promote safe work zone practices. ‘‘(6) Encouraging the use of unit price bid items in contracts for traffic control devices and implementa- tion of traffic control plans.’’ Pub. L. 102–240, title I, § 1051, Dec. 18, 1991, 105 Stat. 2001, provided that: ‘‘The Secretary shall develop and implement a work zone safety program which will im- prove work zone safety at highway construction sites by enhancing the quality and effectiveness of traffic control devices, safety appurtenances, traffic control plans, and bidding practices for traffic control devices and services.’’ OLDER DRIVERS AND OTHER SPECIAL DRIVER GROUPS Pub. L. 104–59, title III, § 358(a), Nov. 28, 1995, 109 Stat. 625, provided that: ‘‘(1) STUDY.—The Secretary shall conduct a study of technologies and practices to improve the driving per- formance of older drivers and other special driver groups. ‘‘(2) DEMONSTRATION ACTIVITIES.—In conducting the study under paragraph (1), the Secretary shall under- take demonstration activities that incorporate and build upon gerontology research related to the study of the normal aging process. The Secretary shall initially implement such activities in those States that have the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode. ‘‘(3) COOPERATIVE AGREEMENT.—The Secretary shall conduct the study under paragraph (1) by entering into a cooperative agreement with an institution that has demonstrated competencies in gerontological research, population demographics, human factors related to transportation, and advanced technology applied to transportation.’’ Pub. L. 100–17, title II, § 208, Apr. 2, 1987, 101 Stat. 222, as amended by Pub. L. 100–202, § 101(l) [title III, § 348(h)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–389, directed Sec- retary to enter into appropriate arrangements with Na- tional Academy of Sciences to conduct a comprehen- sive study and investigation of (1) problems which could inhibit the safety and mobility of older drivers using the Nation’s roads, and (2) means of addressing these problems, to request the Academy to report to Secretary and Congress not later than 24 months after Apr. 2, 1987, on the results of such study and investiga- tion, to furnish to the Academy any information which it deems necessary for conducting the investigation and study, and to develop, in conjunction with the study, a pilot program of highway safety improvements to enhance the safety and mobility of older drivers and, not later than 3 years after Apr. 2, 1987, to evaluate the pilot program and report to Congress on the effective- ness of the program in improving the safety and mobil- ity of older drivers. ANNUAL REPORT BY SECRETARY OF TRANSPORTATION ON HIGHWAY SAFETY PERFORMANCE OF EACH STATE Pub. L. 97–424, title II, § 207, Jan. 6, 1983, 96 Stat. 2139, provided that: ‘‘The Secretary of Transportation shall prepare, publish, and submit to Congress not later than December 31 of each calendar year beginning after De- cember 31, 1982, a report on the highway safety per- formance of each State in the preceding calendar year. Such report shall provide data on highway fatalities and injuries and motor vehicle accidents involving fa- talities and injuries and travel in urban areas of each State for each system of highways and in rural areas of such State for each system of highways. Such report shall be in such form and contain such other informa- tion on highway accidents as will permit an evaluation and comparison of highway safety performance of the States. For purposes of this section (1) the systems of highways in a State are the Federal-aid primary sys- tem, the Federal-aid secondary system, the Federal-aid urban system, and the Interstate System (as such terms are defined in section 101 of title 23, United States Code) and the other highways in such State which are not on the Federal-aid system, and (2) the terms ‘State’, ‘rural areas’, and ‘urban area’ have the meaning such terms have under section 101.’’ [For termination, effective May 15, 2000, of provisions relating to submittal of report to Congress in section 207 of Pub. L. 97–424, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance, and page 136 of House Document No. 103–7.] NATIONAL DRIVER REGISTRATION Pub. L. 97–364, title II, §§ 201–211, Oct. 25, 1982, 96 Stat. 1740–1748, as amended by Pub. L. 100–223, title III, § 305, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–342, § 4(b), June 22, 1988, 102 Stat. 626; Pub. L. 101–380, title IV, § 4105(a), Aug. 18, 1990, 104 Stat. 512; Pub. L. 102–240, title II, § 2007, Dec. 18, 1991, 105 Stat. 2080, directed Secretary of Transportation to establish and maintain a National Driver Register to assist States in exchange of informa- tion on motor vehicle driving records of individuals and provided for reports by State officials, accessibility of Register information, a pilot test program, criminal penalties, an advisory committee, and a report to Con- gress by the Secretary, prior to repeal by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, and Pub. L. 103–429, § 8(10), Oct. 31, 1994, 108 Stat. 4390, and was re- stated in part in chapter 303 of Title 49, Transportation. PILOT PROJECTS FOR HIGHWAY SAFETY EDUCATION AND INFORMATION Pub. L. 95–599, title II, § 209, Nov. 6, 1978, 92 Stat. 2732, as amended by Pub. L. 97–424, title II, § 206, Jan. 6, 1983, Page 378 TITLE 23—HIGHWAYS § 401 96 Stat. 2139; Pub. L. 100–17, title II, § 207, Apr. 2, 1987, 101 Stat. 221, provided that: ‘‘(a) The Secretary of Transportation shall carry out six pilot projects designed, through the use of tele- vision and radio, to develop and evaluate techniques, methods, and practices to achieve maximum measur- able effectiveness in reducing traffic accidents, inju- ries, and deaths. ‘‘(b) Each pilot project authorized by this section shall be in operation not later than the one hundred and eightieth day after the date of the first appropria- tion of funds made under authority of this section, and shall be conducted for a one-year period. Not later than the ninetieth day after the end of each such one-year period, the Secretary of Transportation shall report to Congress the results of such project, including, but not limited to, an evaluation of the effectiveness of such project and a statistical analysis of the traffic acci- dents and fatalities within the project area during such one-year period. ‘‘(c) There is authorized to be appropriated, out of the Highway Trust Fund, to carry out subsections (a) and (b) of this section, $6,000,000, to remain available until expended. ‘‘(d) NATIONAL HIGHWAY SAFETY CAMPAIGN.—Utilizing those techniques, methods, and practices determined most effective under subsection (b), the Secretary of Transportation shall conduct a national highway safe- ty campaign utilizing the local and national television and radio to educate and inform the public of tech- niques, methods, and practices to reduce the number and severity of highway accidents. Not later than the 180th day after the date of submission of the first re- port to Congress required by subsection (b) of this sec- tion, the Secretary shall commence the conduct of such campaign. ‘‘(e) Such campaign is authorized to be conducted in cooperation with interested government and nongov- ernment authorities, agencies, organizations, institu- tions, businesses, and individuals, and shall utilize to the extent possible nongovernmental professional orga- nizations equipped and experienced to conduct such campaign. ‘‘(f) The Secretary of Transportation shall engage such private firms or organizations as he determines necessary to conduct an on-going evaluation of the na- tional campaign authorized by subsection (d) of this section to determine ways and means for encouraging the participation and cooperation of television and radio station licensees, for measuring audience reac- tions to on-going highway safety programming for evaluating the effectiveness of such programs in terms of the number of lives saved and the reduction in inju- ries, and for the purpose of developing new programs for the promotion of highway safety. Such evaluation shall include determinations of those programs de- signed to encourage the voluntary use of safety belts which are most effective and shall include rec- ommendations for new methods and approaches which will result in greater voluntary utilization of safety belts by the public. ‘‘(g) The Secretary of Transportation shall submit a report to the Congress on July 1 of each year in which the campaign is in progress on the results of such eval- uation and on the steps being taken by the Secretary of Transportation to implement the recommendations of such evaluation. ‘‘(h) For the purpose of carrying out subsections (d), (e), (f), and (g) of this section, there is authorized to be appropriated out of the Highway Trust Fund, $10,000,000, to remain available until expended. None of the amounts authorized by this subsection shall be available for obligation for any education or informa- tion program conducted in connection with the imple- mentation of Federal Motor Vehicle Safety Standard 208 (49 C.F.R. 571.208). ‘‘(i) All provisions of chapter 1 of title 23, United States Code, that are applicable to Federal-aid primary highway funds, other than provisions relating to the apportionment formula and provisions limiting the ex- penditure of such funds to the Federal-aid systems, shall apply to the funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and ex- cept that the funds authorized to be appropriated to carry out this section shall not be subject to any obli- gation limitation.’’ [For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 209(g) of Pub. L. 95–599, set out above, is listed on page 139), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.] HIGHWAY SAFETY EDUCATIONAL PROGRAMING AND STUDY; REPORT TO CONGRESS; SERIES OF HIGHWAY SAFETY TELEVISION PROGRAMS; APPROPRIATIONS AU- THORIZATIONS Pub. L. 93–87, title II, § 211, Aug. 13, 1973, 87 Stat. 288, directed Secretary of Transportation, in cooperation with government and nongovernment authorities and individuals, to conduct a full and complete investiga- tion and study of use of mass media for informing and educating the public of ways and means for reducing number and severity of highway accidents, to report to Congress his findings and recommendations by June 30, 1974, and to develop, in consultation with State and local highway safety officials, a series of highway safe- ty television programs of varying lengths for use in ac- cordance with provisions of the Communication Act of 1934 (47 U.S.C. 151 et seq.). HIGHWAY SAFETY CITIZEN PARTICIPATION STUDY Pub. L. 93–87, title II, § 212, Aug. 13, 1973, 87 Stat. 289, authorized the appropriation of $1,000,000 for a study by the Secretary of Transportation, with cooperation of State and local highway safety authorities, of ways and means of encouraging greater citizen participation in highway safety programs, the results of such study and recommendations to be reported to Congress by June 30, 1974. NATIONAL CENTER FOR STATISTICAL ANALYSIS OF HIGHWAY OPERATIONS Pub. L. 93–87, title II, § 213, Aug. 13, 1973, 87 Stat. 289, authorized the appropriation of $5,000,000 to make a study of the feasibility of establishing a National Cen- ter for Statistical Analysis of Highway Operations de- signed to acquire, store and retrieve accident data, the results of such study and recommendations to be re- ported to Congress not later than Jan. 1, 1975. PEDESTRIAN AND BICYCLE SAFETY STUDY Pub. L. 93–87, title II, § 214, Aug. 13, 1973, 87 Stat. 289, authorized the appropriation of $5,000,000 for a study of pedestrian and bicycle safety, including a review of local ordinances, the relationship between alcohol and pedestrian and bicycle safety, etc., the results of such study and recommendations to be reported to Congress not later than Jan. 31, 1975. HIGHWAY SAFETY NEEDS STUDY Pub. L. 93–87, title II, § 225, Aug. 13, 1973, 87 Stat. 292, mandated a study by the Secretary of Transportation of highway safety needs of the States, including those of Puerto Rico, the District of Columbia, Guam, Amer- ican Samoa, the Virgin Islands and other territories, in order to evaluate continuing safety programs and fur- nish Congress with information necessary for author- ization of appropriations for continuing safety pro- grams, the results of such study, estimates and rec- Page 379 TITLE 23—HIGHWAYS § 402 ommendations to be submitted to Congress not later than Jan. 10, 1976. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION; CREATION; APPOINTMENT OF ADMINISTRATOR AND DEPUTY ADMINISTRATOR; DUTIES; RETROACTIVE EF- FECT Pub. L. 89–564, title II, § 201, Sept. 9, 1966, 80 Stat. 735, as amended by Pub. L. 89–670, § 8(h), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90–83, § 10(b), Sept. 11, 1967, 81 Stat. 224; Pub. L. 91–605, title II, § 202(a), Dec. 31, 1970, 84 Stat. 1739, which provided for the creation of National High- way Traffic Safety Administration in the Department of Transportation, was repealed by Pub. L. 97–449, § 7(b), Jan. 12, 1983, 96 Stat. 2444, and reenacted by section 1(b) of Pub. L. 97–449 as section 105 of Title 49, Transpor- tation. ACTING ADMINISTRATOR OF NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Pub. L. 91–605, title II, § 202(b), Dec. 31, 1970, 84 Stat. 1740, permitted President to authorize any person who immediately before Dec. 31, 1970, held the office of Di- rector of the National Highway Safety Bureau, to act as Administrator of the National Highway Traffic Safe- ty Administration until the appointment of the first Administrator. ANNUAL REPORT TO CONGRESS ON ADMINISTRATION OF HIGHWAY SAFETY ACT OF 1966 Pub. L. 89–564, title II, § 202, Sept. 9, 1966, 80 Stat. 736, as amended by Pub. L. 93–87, title II, § 224, Aug. 13, 1973, 87 Stat. 292, provided that: ‘‘(a) The Secretary shall prepare and submit to the President for transmittal to the Congress on July 1 of each year a comprehensive report on the administra- tion of the Highway Safety Act of 1966 (including chap- ter 4 of title 23 of the United States Code) for the pre- ceding calendar year. Such report should include but not be restricted to (1) a thorough statistical compila- tion of the accidents and injuries occurring in such year; (2) a list of all safety standards issued or in effect in such year; (3) the scope of observance of applicable Federal standards; (4) a statement of enforcement ac- tions including judicial decisions, settlements, or pend- ing litigation during the year; (5) a summary of all cur- rent research grants and contracts together with a de- scription of the problems to be considered by such grants and contracts; (6) an analysis and evaluation of completed research activities and technological progress achieved during such year together with the relevant policy recommendations flowing therefrom: (7) the effectiveness of State highway safety program (in- cluding local highway safety programs) and (8) the ex- tent to which technical information was being dissemi- nated to the scientific community and consumer-ori- ented material was made available to the motoring public. ‘‘(b) The annual report shall also contain such rec- ommendations for additional legislation as the Sec- retary deems necessary to promote cooperation among the several States in the improvement of highway safe- ty and to strengthen the national highway safety pro- gram.’’ [For termination, effective May 15, 2000, of provisions relating to transmittal of report to Congress in section 202 of Pub. L. 89–564, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7.] DETAILED COST ESTIMATE OF HIGHWAY SAFETY ACT OF 1966 Pub. L. 89–564, title II, § 207, Sept. 9, 1966, 80 Stat. 737, directed Secretary, in cooperation with the Governors of appropriate State highway safety agencies, make a detailed estimate of the cost of carrying out the High- way Safety Act of 1966 in order to provide a basis for evaluating continuing programs under the Act and to furnish Congress information necessary for authoriza- tion of appropriations for fiscal years beginning after June 30, 1969, such estimates to be submitted to Con- gress not later than Jan. 10, 1968. INTERSTATE COMPACTS FOR HIGHWAY SAFETY Pub. L. 85–684, Aug. 20, 1958, 72 Stat. 635, as amended by Pub. L. 88–466, Aug. 20 1964, 78 Stat. 564, provided: ‘‘That the consent of Congress is hereby given to any two or more of the several States, and one or more of the several States and the District of Columbia, to enter into agreements or compacts— ‘‘(1) for cooperative effort and mutual assistance in the establishment and carrying out of traffic safety programs, including, but not limited to, the enact- ment of uniform traffic laws, driver education and training, coordination of traffic law enforcement, re- search into safe automobile and highway design, and research programs of the human factors affecting traffic safety, and ‘‘(2) for the establishment of such agencies, joint or otherwise, as they deem desirable for the establish- ment and carrying out of such traffic safety pro- grams.’’ § 402. Highway safety programs (a) PROGRAM REQUIRED.— (1) IN GENERAL.—Each State shall have in ef- fect a highway safety program that— (i) is designed to reduce— (I) traffic crashes; and (II) deaths, injuries, and property dam- age resulting from those crashes; (ii) includes— (I) an approved, current, triennial high- way safety plan in accordance with sub- section (k); and (II) an approved grant application under subsection (l) for the fiscal year; (iii) demonstrates compliance with the ap- plicable administrative requirements of sub- section (b)(1); and (iv) is approved by the Secretary. (2) UNIFORM GUIDELINES.—Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that— (A) include programs— (i) to reduce injuries and deaths result- ing from motor vehicles being driven in ex- cess of posted speed limits; (ii) to encourage the proper use of safety belts by occupants of motor vehicles; (iii) to encourage more widespread and proper use of child restraints, with an em- phasis on underserved populations; (iv) to reduce injuries and deaths result- ing from persons driving motor vehicles while impaired by alcohol or a controlled substance; (v) to prevent crashes and reduce inju- ries and deaths resulting from crashes in- volving motor vehicles and motorcycles; (vi) to reduce injuries and deaths result- ing from crashes involving school buses; (vii) to reduce crashes resulting from un- safe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles); (viii) to improve law enforcement serv- ices in motor vehicle crash prevention,